Part 4Provisions relating to recognition, territorial authorities, administration, and enforcement
Recognised agencies, persons, and classes of persons: Performance of specified functions and activities
155Duties of recognised agencies
When carrying out its specified functions and activities, a recognised agency must ensure that it—
- carries out only functions and activities that are within the scope of those specified; and
- is adequately resourced and its systems are maintained to a level that ensures it is able to carry out those functions and activities; and
- has documented policies and procedures to safeguard the confidentiality of the information obtained or created while carrying out those functions and activities; and
- has systems, processes, and procedures to manage appropriately any conflict of interest that might arise while carrying out those functions and activities; and
- complies with all applicable requirements of this Act.
When carrying out its specified functions and activities, a recognised agency must also ensure that each recognised person that the agency manages and supplies (if any)—
- maintains all competency requirements applicable to his or her recognition; and
- is not placed in a position or a situation that compromises his or her impartiality and independence in carrying out his or her specified functions and activities.
The duties in section 156 apply to a recognised agency (in addition to the duties in subsection (1)), but only to the extent that the agency is recognised to carry out its specified functions and activities itself (instead of being recognised to manage or supply a recognised person to carry out its specified functions and activities).


